The Politics of Constructing the International Criminal Court NGOs,
This book examines the political process that led to the establishment of the International Criminal Court in 2002. It accounts for the main features of the court, including its strong, independent prosecutor, by analyzing the discourse surrounding the IC
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Michael J. Struett
The Politics of Constructing the International Criminal Court
The Politics of Constructing the International Criminal Court NGOs, Discourse, and Agency
Michael J. Struett
THE POLITICS OF CONSTRUCTING THE INTERNATIONAL CRIMINAL COURT
Copyright © Michael J. Struett, 2008. Softcover reprint of the hardcover 1st edition 2008 All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published in 2008 by PALGRAVE MACMILLAN™ 175 Fifth Avenue, New York, N.Y. 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS. Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries.
ISBN 978-1-349-37227-0 DOI 10.1057/9780230612419
ISBN 978-0-230-61241-9 (eBook)
Library of Congress Cataloging-in-Publication Data Struett, Michael J. The politics of constructing the international criminal court: NGOs, discourse, and agency/by Michael J. Struett. p. cm. Includes bibliographical references and index. 1. International Criminal Court––History. 2. Non-governmental organizations––Political activity. 3. Human rights advocacy. I. Title. KZ6311.S77 2008 345’.01––dc22 2007045683 A catalogue record for this book is available from the British Library. Design by Macmillan India Ltd. First edition: May 2008
For Ekaterina, Sebastian, Alexandra, and Samantha
Table of Contents List of Figures
ix
List of Tables
xi
Acknowledgments List of Abbreviations
xiii xv
1 The Meaning of the International Criminal Court
1
2 Norm Contestation in World Politics: Civil Society, States, and Discourse
13
3 Discursive Limits: The Failure to Establish an International Criminal Court; 1946–1954
49
4 Context: An Opening for an International Criminal Court; 1989–1994
67
5 Negotiations: NGOs Shape the Terms of the ICC Debate; 1995–1998
83
6 Building the Rome Statute: 1998
109
7 Principled Discourse and the Drive for Ratification: 1998–2002
131
8 The Legitimacy of the International Criminal Court
151
Postscript: Construction Continues
179
Notes
183
Bibliography
201
Index
213
Figures 7.1
State signatories to the ICC by July 17, 1999
135
7.2
State signatories to the ICC by December 31, 2000
136
7.3
States ratifying the ICC by December 31, 2000
138
7.4
States ratifying the ICC by April 11, 2002
138
7.5
States ratifying the ICC by July 17, 2007
139
Tables 5.1 5.2
Selected NGO and expert papers circulated during the ICC negotiations
87
Timeline of the ICC negotiations
88
Acknowledgments When I first proposed this project, in 2000, I found it necessary to reassure skeptics that even if the International Criminal Court (ICC) never came into be
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